No sewer connection permit shall be issued by
the Township of Pohatcong unless a sewer allocation permit has been
issued by the Township Council of the Township of Pohatcong in accordance
with the provisions of this article.
All persons owning property in the Township of Pohatcong, except as set forth in § 220-18, requesting permission to have the property serviced by the Pohatcong Township sewer system and the Town of Phillipsburg sewage treatment plant shall make an application to the Pohatcong Township Council for a sewer allocation permit as provided herein.
Any single-family residential lot that conforms to Chapter 285, Zoning, which has an existing lateral connection from said lot to a sewer main shall be exempt from the provisions of this article.
Existing single-family lots that are not connected
to the sewer system by means of an existing lateral connection shall
be subject to the following:
A.
The owner of said property shall make an application
to the Mayor and Council for a sewer allocation permit for said lot
on application forms established by the Township of Pohatcong. Said
forms shall require the following information:
(1)
Name and address of owner.
(2)
Address of the property and tax lot and block designation.
(3)
The type of residential dwelling constructed or to
be constructed upon the property, including the square-foot area of
the dwelling and the number of bedrooms to be included in the dwelling.
(4)
Any other matters deemed necessary by the Mayor and
Council.
B.
Applications shall be submitted with a fee in accordance with Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
C.
Upon receipt of the said application and required
fee, the Township Clerk shall forward copies of the same to the Township
Planning Board and to the Township Board of Health. Comments from
such agencies are to be directed to the Township Council of the Township
of Pohatcong within 30 days of such agency's receipt of the completed
application and supporting materials.
D.
Upon the receipt of said application and required
fee and the comments from the above designated agencies, the Township
Council shall review said application and determine whether or not
there is sufficient gallonage available to authorize a sewer allocation
permit to the applicant. In the event that the application is approved,
a sewer allocation permit will be issued by the Township Council for
the equivalent dwelling units set forth in the application. In the
event the application is denied, notice thereof shall be provided
to the applicant. Notice of the denial of an application must be given
to the application within 60 days of the filing of the original application
unless the applicant consents to an extended period of time for review
by Council. Within 10 days of the denial of the application, the applicant
may submit a written request to the Township Council for a hearing
on said application. Upon receipt of a request for a hearing, the
Township Council shall schedule a hearing, at which time the applicant
shall be permitted to submit testimony and evidence in support of
the application. Thereafter, the Township Council shall render its
decision on said application within 30 days form the dated of said
hearing.
The owner of any other property shall file with
the Township Council an application for a sewer allocation permit
on forms prescribed by the Township Council which application shall
include the following information:
A.
Name and address of the applicant.
B.
The address of the property and the tax lot and block
designation.
C.
The lot dimensions.
D.
The total area of the lot.
E.
The proposed use of the property or type of buildings
to be constructed thereon.
F.
If a subdivision is involved, a preliminary sketch
of the proposed subdivision showing the number of lots involved.
G.
If townhouses, condominiums or garden apartments are
the subject matter of the application, a preliminary sketch plan showing
the number of units and the number of proposed bedrooms in the units
to be constructed.
H.
For all commercial and industrial uses, a preliminary
site plan, submitted with the application showing the proposed use
of the premises.
I.
A certification by the applicant's engineer as to
the number of gallons of sewage capacity that will be required by
the proposed use of the premises and the method of calculation and
schedules used in computing said amount, submitted as part of the
application.
J.
Any other matters deemed necessary by the Township
Council.
A.
Within five days of receipt of the application and
the required fee, a copy of said application shall be transmitted
by the Township Clerk to the Township Planning Board and Township
Board of Health for comment. Thereafter, a hearing shall be held by
the Township Council of the Township of Pohatcong, at which time the
applicant may present testimony and evidence in support of the application.
B.
The hearing shall be held within 45 days from the
date of the complete application and fee is filed with the Township
Clerk.
C.
The Township Council shall render its decision within
30 days from the date of the hearing.
Sewer allocation permits shall expire as follows:
A.
Existing single-family lots not serviced with an existing
lateral: one year.
B.
All other permits: as set forth herein unless the
applicant complies with the applicable provisions hereinafter set
forth:
(1)
One hundred twenty days unless a complete site plan
application is submitted to the Planning Board or Board of Adjustment,
as the case may be, in accordance with the provisions of N.J.S.A.
40:55D-46.
(2)
One hundred twenty days unless a complete minor subdivision
application is submitted to the Planning Board or Board of Adjustment,
as the case may be, in accordance with the provisions of N.J.S.A.
40:55D-47.
(3)
One hundred twenty days unless a complete preliminary
major subdivision application is submitted to the Planning Board or
Board of Adjustment, as the case may be, in accordance with the provisions
of N.J.S.A. 40:55D-48.
(4)
Two years unless final subdivision or site plan approval
is granted by the Planning Board or Board of Adjustment, as the case
may be, in accordance with the provisions of N.J.S.A. 40:55D-49.
(5)
Two years unless a building permit has been issued
by the Construction Code Official for the building to be erected on
the lot or lots included in the site plan or subdivision.
(6)
In the event that an applicant shall be granted a
sewer allocation permit pursuant to this chapter but shall not be
able to complete the actual connection to the sewer system because
of the inability of the municipality to permit the connection for
reasons such as, but not limited to, a sewer connection ban imposed
by the New Jersey Department of Environmental Protection or the Town
of Phillipsburg or an interim failure in the sewerage transportation
lines, then the time limits set forth in this section for the expiration
of the permits shall be tolled and shall not be affected by the time
period when the connection could not be made as stated above.
In making its decision as to whether an application
for a sewer allocation permit shall be approved, the Township Council
shall be guided by the following:
A.
The amount of sewerage treatment allocation available
from the Town of Phillipsburg.
B.
The current and future usage of existing properties
of the sewerage allocation within the township.
C.
The availability of alternate sewage disposal methods
and the cost thereof available to the applicant.
D.
The amount of sewage allocation requested as a percentage
of the total unused allocation of the Township of Pohatcong.
E.
The reasonableness of the total allocation requested
by the applicant.
F.
The nature and type of effluent to be generated by
the applicant.
G.
Any other matter that my affect the general health
and welfare of the residents of the Township of Pohatcong and the
overall reasonable development of the vacant or unused lands of the
Township of Pohatcong.
A.
Any person violating the provisions of this article
shall be subject to a penalty of imprisonment for a term not exceeding
90 days or a fine not exceeding $500 per offense, or both.
B.
Failure to comply with the provisions of this chapter
for each equivalent dwelling unit shall be deemed a separate offense.
